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Share of aunt in the property of Grandfather


05-Jul-2023 (In Civil Law)
My grandfather died around 1970, now my aunt file a case against us for claiming property, her age is 65, is she have rights to grandfather property? also she signed a document earlier 2000 that she dont have rights, but that document not registered.
Answers (3)

Answer #1
665 votes
If the partition had taken place prior to 2004 then she cannot claim any right on the ancestral property. As per your statement, she had already executed a deed to relinquish her right in the property and that itself amount to partition. Not registration of that document won't affect the case. Contest the case by engaging a counsel and you can succeed the case on merits.
Answer #2
723 votes
yes she has got rights over the property on the face of it, my view may change on going through the documents fully if it is submitted to us for further perusal. so as of now she is a legitimate share holder and earlier document you are referring to is just a piece of paper.
Answer #3
776 votes
According to Hindu law, Daughters have equal rights in their father's property. Your aunt is entitled to inherit. But I don't know in what document she had signed and under what circumstances from your query. Was it by way of gift? Or how? Whatever it may be upon proving her claim, she is entitled to the property. You shall consult a lawyer in person with all the documents you have for extensive legal guidance.

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